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jon: we've been talking about that blimp story during the break. cool stuff. jenna: very cool. jon: american technology, you go. thanks for joining us. jenna: "america live" starts right now. megyn: breaking news. this is a fox news alert for the victory of the opponents of the healthcare overhaul law. welcome to "america live." i'm megyn kelly. this is just breaking moments ago. the federal judge down in florida, judge vincent, that ruled that the president's healthcare overhaul is unconstitutional, he ordered the administration to appeal his ruling on an expedited basis and said you have seven days.
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they went into the judge and said, we're not sure we understand your order. could you clarify it? boy, did he ever. we'll have the full details on what judge vincent has just said to the department of justice in what is clearly a setback for their legal maneuvers momentarily with shannon bream. it's not the results that the department of justice wanted, i can tell you that. we'll put it in perspective moments away. fox news alert as we await a news conference with president obama and mexican president felipe calderon. it's set to begin any moment, 1:00 p.m. live pictures from the east room of the white house. the two leaders meeting as america's so-called third war escalates at the cost of american lives. most recently, jaime zapata, the u.s. immigration agent
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ambushed and murdered. mike emanuel is live from the white house. >> reporter: this comes at a tense time between u.s.-mexico relations. fingerpointing about the violence south of the border. we expect president obama and president calderon to make opening statements and talk about the relationship, the economics, how they can cooperate to deal with with the violence issues, but then we expect questions, one question from an american reporter and one from a mexican reporter and then it can branch out to other issues. we can expect questions about violence. when the president came into the briefing room yesterday to talk about a different matter, reporters tried to shout questions at him about libya and he said there would be a chance to talk about that today. we've heard defense secretary
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gates downplaying the idea of a no-fly zone, saying it would take resources, manpower and an attack on libyan soil would be required to take out their air-defense systems and dominate airspace. so questions about where the president is about what is next for libya. what do we do to expedite the departure of moammar qaddafi. and some of the questions that may come up here at the white house, as we expect the mexican and american presidents to come in here to talk about their relationship and the way forward from here. megyn? megyn: and there are reports that we might expect the mexican president to rail on arizona's attempt to crack down on illegal immigration, as he did last time he was here in may. his top legislators in mexico were urging felipe calderon to raise that as an issue with president obama. what do we know about that? >> reporter: we haven't heard if he will do that.
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in the situations where you are standing next to the leader of the free world, the american president, it can be delicate about how forcefully you force that issue in public. they've been meeting for about an hour behind closed doors. what they say here in front of television cameras can be quite different, not wanting to offend the host. we'll be here and see what he has to say and how forcefully he wants to push that issue in terms of immigration and the situation in arizona. megyn: i don't know how he will offend the host. president obama agreed with him last time, but american people have different people on it. thank you, mike. we'll be back with you as the noise breaks. there is a major divide in border security. janet napolitano says the border is as secure as it's ever been. some of the sheriffs that work along the southern borders say,
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we're under siege. trace gallagher bringing us up to speed right now on the facts as we know them. trace? >> reporter: as you look at the big picture, megyn, there are two issues. one, how bad is the violence in mexico and, two, how much of that is spilling over into this country? in juarez, which is just across the river from el paso, texas, one of the most dangerous cities in the world, the murder rate is 38 times higher than new york city. 1 out of every 420 residents of juarez was murdered. look at this. spring break is coming. last year, look at the map. the murder rate in mazatlan was up 230%. acapulco, 140%. guadalajara, 94%. now the impact on the united states. every month, we get
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surveillance video that shows evidence of drugs and illegals continuing to flow across the southwest border. much of the people coming across the border are coming across private land, coming into contact with private citizens. we've talked a lot about the shooting death of border patrol agent brian terry. and no one has been charged in that crime. you may not know this -- there have been in the past year, 1,061 assaults on border patrol agents along that southern border. we're talking about shootings, throwing rocks, strong-arm contact with border patrols. yesterday outside of phoenix, a man was found stabbed and beheaded. he was the victim of drug cartel violence. his crime is that he stole marijuana from the drug cartels. it's an illustration of how the
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violence is pushing north, megyn. again, these are all very stark examples of what's been happening in the past year, south and north of the border. megyn: wow. trace, thank you. the drug wars claiming several american victims. the most recent, i.c.e. agent jaime zapata. the texas native joined the agency in '06. he serves on the human smuggling and drug unit as well as the border task force. he was recently assigned to the u.s. embassy in mexico city. zapata graduated from the university of texas-brownsville and began as a member of the border patrol in yuma, arizona. he's one of a growing list of americans killed in the drug wars. it later came out that agent zapata was unarmed as he was gunned down by those thugs south of the border. that is also one of the issues expected to be discussed between our president and the
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mexican president today. it's pursuant to an agreement we struck with the mexicans 10 years ago. should that now change? others gunned down relatively recently, including agent brian terry. he was killed last december. and robert rosa, shot dead, july, 2009. robert crantz found murdered on his own proper in march of last year. police suspect smugglers of illegal immigrants of that crime. a few weeks back, missionary nancy shoeman davis was shot by gunmen in mexico, trying to stop her and her husband in their car. and just over a week ago, two texas high school students were gunned down in juarez, mexico. that's just some of the backdrop to this news conference that we're awaiting. we're being told it's about 5 to 10 minutes away or less than that now. when it begins, we'll take you there live. we're told this time, unlike
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what we watched when the chinese president was here, it will be simultaneously translation. hoorah for that. stay tuned. fox news alert. a victory for the opponents of president obama's healthcare overhaul. moments ago, the federal judge down in florida that ruled that the president's healthcare overhaul is unconstitutional, delivered a defeat to the obama administration, ordering it to appeal that ruling almost immediately and ordering the d.o.j. to pursue an expedited appeal. the d.o.j. does not want to do that. that puts the florida case on the fast track for getting to the supreme court. shannon bream is live in washington for perspective. the government, the d.o.j., went back to judge vincent, and said, could you just clarify whether you meant now the 26 states who sued over the law no
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longer have to comply with it and the other side said, that's a motion to stay, which is fine, but if you want to stay, ask for a stay. the other side, it was suggested, didn't want a stay because they want to have as much time as possible to delay this appeal. those are some of the considerations going on behind the scenes. in any event, what did judge vincent say. >> if they were asking for clarification, they got that and more. this comes from the ruling put out last month. the individual mandate and healthcare laws are unconstitutional. and the whole thing was thrown into question. the administration went back to judge vincent, wanting clarification. he delayed the case and did more. he asked the government to file a request for expedited review to the appellate court or the supreme court within seven days. megyn: and they had another few
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weeks, like three weeks, plus, to file their appeal. he said, get it done in seven days. >> yeah, he did. >> reporter: he said, it will be need to be decided by the supreme court. it's very important that it move forward as soon as possible." you remember the ruling out of virginia, brought by cucinelli and he wanted to fast track it to the supreme court. it looks like this case could leapfrog ahead because the judge said, i give you seven days to file an expedited review. he said, it should not at all be difficult for challenging to fast track this case. everything has been reached. you can change the caption of
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the case, add colored covers and be done with the briefing. so he's telling them, there is no reason to stall. get on it. you have seven days. megyn: the reason that -- those in the know on this healthcare law litigation, the reason they say that the department of justice doesn't want this florida case going up to the supreme court quickly is because they believe it's the worst case for the d.o.j. they would rather see that virginia case, which they lost, or one of the cases in which they won, get up to the supreme court first. but this case involving 26 states saying it's unconstitutional, is not the best for them. and so the wisdom is that, it works to the d. o.j.'s benefit for more delay in the florida case, which is why there was risk going to judge vinson in asking him to do anything to his ruling because he said,
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okay, i will clarify, it's void. it's unconstitutional. now you must appeal it and you must appeal it immediately, within the next week. and you have to ask for the entire brief and oral argument and appeal to be expedited. now the department of justice may be saying, be careful what you reach for. >> they do know it's the worst for them. he said, you can have the stay, but it's conditioned upon that expedited review that you file with the 11th circuit of the supreme court within seven days. they probably got more than they asked for and not what they wanted to get. megyn: and just on the merits, so our viewers know, the department of justice had gone into judge vinson and said, is the law really void? did you mean that? did the 26 states not have to comply with it? is that what you meant to say?
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and judge vinson said the federal government may ignore the declareitory judgment and said that it borders "misrepresentation." then he clarified, saying it's void. it's unconstitutional. if you want to appeal it, that's fine. done in virtually every case, but you have to file an appeal and have to do it quickly. shannon, thanks so much. >> reporter: sure. megyn: big day today, folks. that is out of washington, well, florida, technically. this is out of washington, as we await a major news conference with president obama and mexican president felipe calderon. this is set to begin at 1:00 and then we were told it's 5 to 10 minutes late. now it's almost 1:15.
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we expect the two presidents to emerge any moment to report on some of with the they discussed privately and take a few questions. we've been awaiting this because, obviously, mexico, one of our closest allies, and one of the countries with whom we deal with the most in terms of aid and whose so-called third war is impacting americans on a day-to-day basis. felipe calderon came into office promising to crack down on the drug cartels and he has. over 30,000 people have been killed in mexico since he began that crackdown. the drug cartels are not going quietly. he's doing his best to clean up mexico and he would like the united states' help with that. he with like for us to curtail the demand for drugs. and he would like for us to prevent the shipment of arms from some in the united states down to some of the cartels down in mexico. those are two of the things
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that the mexican president wants from us. we're giving them billions, but he needs practical help as well. they also have concerns in mexico, as i mentioned, about the arizona immigration law and that was a big deal when felipe calderon came to the united states in may, 2010. he was on the floor of the u.s. congress railing on that law, suggesting it was discriminatory. that is something that our own president agrees with. so we'll see whether that comes up today as well. that, plus the issue of, should we be arming i.c.e. agents, who are helping mexico south of the border. we're not doing that yet. take a listen. >> good afternoon. i am delighted to welcome my friend and partner, president calderon, back to the white house. i want to discuss our meeting today and then address the situation in libya. president calderon was last
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here along with the first lady for a productive state visit last spring, a visit that reflected a new era of respect, cooperation and partnership between the two countries. we've since worked together as global partners at the g-20 summit in toronto, seoul, and in yokohama. i appreciate president calderon being here today to deepen the cooperation that is essential to the security and prosperity of both countries. the relationship between the united states and mexico is not measures just in the partnership between two presidents. it's evident every day in the strong bonds between our two societies. the thousands of people that work together at every level, federal, state and community levels, to keep our citizens safe, our economies growing. the tens of thousands of students between researchers and exchanges and schools and
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universities. and the one million people that cross our shared border every day. tourists and businesspeople sustaining the largest trading relationships in the world. and it's our families and our friends, the many americans living in mexico, and the tens of millions of mexican-americans that make outstanding contributions to this country every single day. as i said, we're global partners. as part of the g-20, we're advancing the global economic recovery and i look forward to visiting mexico when president calderon hosts the g20 next year. together we've responded to the earthquake in haiti and we're safeguarding the nuclear materials. i want to commend president calderon for the cancun conference, including a green fund that he himself got started and championed and will
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help developing countries adapt to climate change. most recently, our governments have spoken out forcefully for the human rights of the libyan people and mexico played a leading role at the united nations from suspending libya from the human rights council. president calderon, this reflect our commitment to the shared values of freedom, justice and rule of law, it is also another example of mexico's global leadership. as you said in your address to our congress last year, that mexico is standing tall, and ready to take its rightful place in the world. it is this appreciate of the bonds between americans and mexicans and the values and responsibilities that we hold in common that allowed us to make progress once again today. we're working to expand the trade that creates jobs for our peoples. remember, mexico is the second
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largest market for american exports. it supports some one million american jobs and our exports to mexico are growing faster than they are with the rest of the world. so we're moving ahead for plans for a 21st century border so people and goods can cross securely and efficiently. we're working to coordinate and streamline regulations and get rid of unnecessary trade barriers making it easier to do business together. we're making new investments in green buildings and smart technologies. i'm hopeful that we can conclude an agreement by the end of the year to develop new sources of energy in the gulf of mexico. i'm especially pleased to announce that after nearly 20 years, we've finally found a clear path to resolving the dispute over trucking between our countries.
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i thank you president calderon's team and ray la hood and ambassador to coming up with this agreement. i look forward to working with congress to have safety in trucking, expands our exports to mexico, and creates jobs on both sides of the border. we're also deepening our cooperation against the drug cartels that threaten both our peoples. president calderon and the mexican people have shown courage in the fight for our country. tens of thousands of mexicans, innocent citizens and security forces have lost their lives. i have reaffirmed to president calderon that in this cause, mexico has a full partner with the united states. whether they live in texas or tijuana, our people have a right to be safe in their
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communities. we're speeding up the delivery of equipment and training that our mexican partners need to keep up in this case. as president calderon is tracking down on money laundering, we're putting pressure on cartels in the united states. and we thank mexican officials for their cooperation after the murder of special agent jaime zapata. i reiterated that the united states accepts our shared responsibility for the drug violence. so to combat the southbound flow of drugs and money, we're screening all southbound rail cargo, seizing more guns bound for mexico and putting more gun-runners behind bars. as part of our new drug control strategy, we're focused on reducing the demand for drugs through education and treatment. we've discussed immigration, an issue on which both countries
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have responsibilities. i told president calderon that i'm committed to fixing our broken immigration system with comprehensive reform that secures our borders, enforces our laws, including businesses that break the law, and requiring accountability from undocumented workers. we have to conduct this debate in a way that upholds our values as a nation of laws and immigrants. i'm eager to work with republicans and democrats to get this reform done, which is vital to the united states economy. finally, i'm looking forward to receiving insights from the presidents, as i prepare for my trip to latin america this month, which will be an opportunity to be strengthen our security cooperation throughout the region. mr. president, thank you, for your partnership and for deepening the bonds between our countries, which only grows stronger each time we meet. before i turn it over to president calderon, i want to address the situation in libya.
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the united states and entire world continues to be outraged by the appalling violence against the libyan people. the united states is helping to lead an international effort to deter further violence, putting in place unprecedented sanctions to hold the qaddafi government accountable and support the aspirations of the libyan people. we're responding quickly it the urgent humanitarian needs that are developing. tens of thousands of people from many different countries are fleeing libya and we commend tunisia and egypt governments for their response even as they go through their transitions. i've approved the use of military aircraft to move egyptains who have fled to the tunisian border to get back to egypt. i've authorized the use of civilian aircraft to help people from other countries find their way home.
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we're supporting the efforts of international organizations helping as well. going forward, we'll continue to send a clear message -- the violence must stop. moammar qaddafi has lost legitimacy to lead and he must leave. those that perpetrate violence against the libyan people, will be held accountable. the aspirations of the libyan people for freedom, democracy, and dignity must be met. president calderon? >> thank you very much, president obama. thank you for your hospitality. ladies and gentlemen of the media, good afternoon. president barack obama and i
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have held a very valuable conversation concerning the status of our bilateral cooperation and many aspects of this, as always, has been very satisfying for me to see that we agree on the basic principle of co-responsibility. and i thank you, mr. president, to your invitation to hold this working visit here in the city of washington. some of the things that we evaluated is that our governments have progressed substantially on many aspects. the result of our cooperation, in some aspects unprecedent i cooperation, have been translated into examples like the opening in 2010 of the three new border crossings over the past 10 years. my state visit last year, as you mentioned, mr. president,
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and the ongoing meetings that we have held and we'll continue to have in the immediate future, has been especially important to our bilateral relationship to generate the confidence we have today. we know today that we need to continue to be personally involved so as to ensure that the agreements are reached on subjects like, first, at the international level, we've reiterated that mexico and the united states are authentic, strategic partners, as can be seen by our joint workon the global and regional agendas. we've achieved substantive programs, as mentioned by president obama in matters such as climate change, and now we have made efforts to have -- to
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make the agreements reached in cancun operational as well as to adopt the next steps for the conference of the parties number 17 in durban. both countries will play an important role within the g20, a mechanism mexico will be presiding over next year and in which we've reached agreements for the stability of the economy. in this context, i would like to be congratulate president obama for the visit he will make to brazil and chile in a few weeks' time. greater dialogue with the latin-american nations will be beneficial for those countries as well as united states. a specific case of central america, in addition, we've continued to work with the governments to achieve a more determined cooperation in support of regional efforts to strengthen the new of law and
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fight organized crime. both president obama and i agree that we must turn this area into the land of opportunities and not conflict. last your we adopted a declaration on the administration of the 21st century border, which we want both for the united states and mexico. since then, the bilateral executive committee has agreed to a plan of action in addition to issuing a joint declaration to prevent border violence, so as to enable us to prevent tragic events that we've seen on both sides of the border. in terms of my immigration, president obama has always recognized the contributions of immigrants to the economy and society in the united states and i recognize and value his clear and determined support for the adoption of a
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comprehensive migratory reform in this country as well as his firm commitment to the human and civil rights communities regardless of point of origin. i'm avenue express -- i've expressed my concern to him about the local initiatives that are against the rights of immigrant communities. fourth, in terms of competitiveness, mexico has a regional perspective. the united states and mexico can and must make the most of the comparative advantages that make us unique as a region and that will enable us to turn north america into the most competitive region of the world. i'm convinced that together we can achieve this. the north america free trade agreement was a great step forward for the commercial trade of the region. it generated hundreds of
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thousands, even millions of jobs, in the united states and in mexico, and we're ready to work, to deepen, and to make the most of these -- of this relationship. we must work efficiently to take advantage of the relative abundance capital of the united states with the labor and manpower available in mexico through investments in our country as well as the access that is secure, orderly workers in the u.s. markets. our governments have reached an agreement, an agreement to solve our differences when it comes to cross-border cargo and tracking that existed for many years. as i said, this has existed for a long time, dels -- despite
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the fact that the integrated system for transportation existed and benefited both countries, strengthening our competitiveness and generated jobs that have existed since 1994 when we agreed on the nafta. in this sense, mexico will be phasing out duty reprisals after noncompliance and ending as a result of this furthering the realization of cargo transportation. the objective of my government has always been to reach a solution that's mutually acceptable in this field. and, fifth, in the chapter of security, both governments have taken on our positions as co-responsible parties and the
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fight against transnational organized crime. this is a paradigm change and it's increased the levels of exchange of information that are unheard of in the past. and i would look to thank president obama for the clarity for which he speaks of the effects of that in his country as well as the illegal trafficking of drugs and money. i know that together we can achieve greater results. last year was the year in which we had the greatest number of achievements in the capture of the number of criminals, unprecedented number of criminals, and this is the result of the increase of the institutional capacity of our agencies as well as international cooperation in terms of information and intelligence. i also truly value the clear effort of the united states through transfer of equipment and training programs to our
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efforts, added to our efforts, and institutional efforts. this, i'm sure, will further our efforts tremendously. and i thank you for your support there, mr. president, and aim grateful for the clarity in which president obama has recognized the sacrifices that the mexican society has had to make in view of organized crime and our fight for drug trafficking, in the fight for the security of mexico, thousands of military officers and members of the police force have died in mexico. they've fallen in the line of duty. and to these deaths, we add the death of agent jaime zapata from the immigration and customs agency of the united states and i would like to add my deepest condolences to he's relatives, to the people, and government of mexico, to his death -- government of the
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united states in view of his death. i would like to tell you that the suspected perpetrator of this murder and his gang has been arrested and we hope to bring them to justice. his death must urge us to continue to work together to ensure a prosperous, peaceful future. ladies and gentlemen, today i would like to say that i thank the hospitality of president obama and reiterate my trust, my confidence, in the government and institutions in this country. this country is a good friend to mexico, as is president obama. this opportunity represents for me a chance to strongly renew our efforts and to redouble our efforts to accomplish the security that our people deserve. at the same time, would i like to congratulate president obama
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for the leadership he's shown in the problems of concern to all of us in north africa, heading up the responsible efforts of the people and government of the united states to quickly find solutions to this problem. mr. president, once again, thank you ever so much for your hospitality. the friendship that you have always shown to mexico. the responsibility that your government, your administration has unprecedently taken on in the subject, the issues of common interest to us. our bilateral relationship, my friends, does not only have a huge impact on the lives of mexicans and americans, but today it's taken on with increasing strength and clarity and coordination by both of our governments. once again, thank you for your personal commitment, the
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cooperation and co-responsibility of your government. we'll continue to work together and harder to achieve the prosperity of both the mexican and u.s. peoples. thank you very much. >> one question each. >> thank you very much, mr. president. i have questions for both presidents and it's a two-parter. >> so a three-parter? >> thank you, sir. on libya, i wanted to follow up on your comments. colonel qaddafi is vowing to fight to the end and the people of his country are dying. i know you have admonished the press core about engaging and the united states have taken several steps and you named many of them today. i'm wondering if you fear this
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is headed for a bloody stalemate. and more specifically, is a no-fly zone something you are actively considering and can you talk about what you see as your broader doctrine for military intervention in a crisis like this? the other topic is something that is quite different and does matter to millions of americans. the national football league is on the brink of a shutdown over a labor dispute. that's an economic issue for cities as well as things that people care about. i wonder if you would personally intervene. if not, why not? president calderon, sir, i was wondering your thoughts on an issue that's coming up about arming u.s. agents in mexico. attorney general holder has raised it as something that should be considered. wonder if you would consider it and if that came up with president obama.
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>> football first. we have owners, most of whom are worth close to $1 billion, you have players making millions. my working assumption at a time when people are having to cut back, compromise, and worry about making the mortgage and paying for their kids' college education, is that the two parties should be able to work it out without the president of the united states intervening. i'm a big football fan, but i also think for an industry making $9 billion a year in revenue, they can figure out how to divide it up in a sensible way and be true to their fans who are the ones who obviously allow for all the money they're making. so my hope is that they can work it out without me
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intervening, because as it turns out, i have other stuff to do. [laughter] with respect to libya, i think you asked about if i have a doctrine. my approach throughout the convulsion sweeping through the middle east. number one, no violence against citizens. number two, we stand for freedom and democracy. and in the situation in libya, what you've seen is, number one, violence against citizens and the act of urging a violence against unarmed citizens by qaddafi. and number two, you have seen great clarity that he's lost legitimacy with his people. and so, let me just be very
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unambiguous about this. colonel qaddafi needs to step down from power and leave. it's good for his country. it's good for his people. it's the right thing to do. those around him have to understand that violence that they perpetrate against innocent civilians, will be monitored and they will be held accountable for it. so to the extent that they are making calculations in their own minds about which way history is moving, they should know that history is moving against colonel qaddafi and that their support for him and their willingness to carry out orders that are direct violence against citizens is something that ultimately they will be
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held accountable for. with respect to our willingness to engage militarily, what i've instructed the department of defense as well as our state department and all those who are involved in international affairs to examine is a full range of options. i don't want us hamstrung. i want us to be making our decisions based on what will be best for the libyan people in consultation with the international community. and we're doing that not just here in the united states within our own agencies, but in consultation with nato. we've engineered the most rapid and forceful set of sanctions ever applied internationally. we started unilaterally freezing $30 billion worth of assets, imposing severe sanctions against those in the
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libyan government who have been carrying out some of these crimes. and as a consequence of that leadership, what we've seen is, i think, broad-based mobilization around the international community. you are right that there is a danger of a stalemate that over time could be bloody. and that's something that we're obviously considering. so what i want to make sure of is that the united states has full capacity to act potentially rapidly if the situation deteriorated in a way that you had a humanitarian crisis on our hands or the situation in which civilians -- defenseless civilians were finding themselves trapped and in grave danger. i think it's very important for us to do this in consultation with the international community.
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one of the extraordinary successes of egypt was the full ownership that the egyptain people felt. it serves the egyptain people well. it serves u.s. citizens well. we didn't see anti-american sentiment rising out of that movement in egypt precisely because they felt we didn't engineer or impose a particular outcome. rather, they owned it. the same is happening in tunisia. and the region will be watching carefully to make sure we're on the right side of history and also that we're doing so as a member of the world community and being willing to act on behalf of the values and doing so in a way that takes all the various equities into account.
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so just to put sort of the final point on it, we're looking at every option out there. in addition to the nonmilitary actions we've taken, i want to make sure that those full range of options are available to me. some of them may be humanitarian. the biggest priority we have right now is we have tens of thousands of people who are gathered at the border and we have to make sure that they can get home and that's why we're using some of our military aircrafts in addition to civilian aircrafts to help on that front. there may be situations in which qaddafi is hunkered down in his compound to the point that the food starts to deteriorate and way may have to get food in there. so there are a lot of options we're examining and we'll make
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the decisions based on what's best for the lib i -- libyan people and how to minimize the harm to civilians. we'll continue to send the message that it's too many for qaddafi to go. [question inaudible] >> that's one of the answers we would be looking at. >> first, in terms of libya, i recognize and applaud the efforts undertaken by president obama. as i said previously, so seek a solution in line with international law for this situation. for mexico, it's clear that we cannot -- it's not possibility that civilians be massacred and not go punished. using weapons for the excuse of
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a war. we must do everything we can to avoid or stop that massacre. mexico, indeed has presented a resolution in the framework of the u.n. and libya has been sanctioned and we're, of course, taking part in so far as we're able, to search for solutions to this problem. i believe that today it's a problem to revalue the principles and the values of human rights and value. we have them in north america, american society, and people, in terms that we condemn any act of violence in which people are risking their lives in
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terms of the use of weapons. we condemn any act of violence against these people and we believe that people must have the best conditions to guarantee their work, including their personal security. in this effort, i know we have the support of agencies of the government of the united states who have contributed to the solution of the problems that we're facing together. under the principle of shared responsibility that we're consolidating. i must, nonetheless, clarify that there are very important legal restrictions in this matter, in mexico, as is probably the case in other countries and most likely the united states. with respect to the actions of foreign agents in mexican land. the law does not allow agents of the united states or of any other country to take part in tasks involving justice enforcement in our territory. as a result, they cannot carry
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weapons or undertake operational tasks. their functions in line with our treaties are limited to exchange of information and technical assistance to support mexican authorities. so there are important legal restrictions that exist, but it's clear to me that we must find a way of enhancing the protection of any and all agents that are acting within the framework of the law against crime and we're deeply analyzing alternatives for this and in dialogue with the mexican congress, who is the party who has the final word, the final say, on this matter. and, finally, on the issue of football, i'm not an expert. my wife is, though. and i will ask her about it. i'm sure that she's very concerned about the situation. allow me to say that football
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is very important for many mexicans. [laughter] >> i will say at the state dinner, the first lady of mexico seemed excited to see mark sanchez there. yes. i don't know if it was a concern to you. [laughter] >> you've already flipped the coin in a jets' game. the first lady did. >> continuing on the subject matter, i will not ask many questions, but will be concrete.
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for president obama, the second amendment of the united states constitution allows american citizens to carry weapons and this principal is defended. however, president calderon has said that this law could actually go against u.s. agents and it's happened. so, president obama, in mexico, we have the power of veto. i don't know how far you have the ability to veto that law that has been approved. if you have that responsibility, why don't you do so, sir? how long are we going to allow mexicans to be murdered and not just mexicans, but americans as
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well? with respect to the secretary of homeland security, janet napolitano, who has spoken to congress with respect to the possibility of allowing u.s. agents to bear arms in our country, president calderon has answered it to a certain extent. but he's said that he will be searching for mechanisms. what type of mechanisms would be found to keep them safe? and the people who murdered zapata will in mexican terms, zapata, who was the alleged murderer of zapata, the extradition of this man, the alleged perpetrator has been requested. madam napolitano has mentioned this. president calderon, how far will you go with these efforts?
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there you will have my questions. >> well, the second amendment in this country is part of our constitution and the president of the united states is bound by our constitution. so i believe in the second amendment. it does provide for americans the right to bear arms for their protection and for their safety, for hunting, for a wide range of uses. that does not mean that we cannot constrain gun-runners from shipping guns into mexico. so we believe that we can shape an enforcement strategy that slows the flow of guns into mexico, while at the same time
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preserving our constitution. you asked whether i have veto power over a particular bill. i think that the challenge that we have right now is not a particular bill, but rather that we are trying to work our way through more effective enforcement mechanisms to prevent purchasers from buying caches of weapons and getting them across the border. we've made progress on that front. we've seen a significant increase in the number of weapons that have been confiscated. we've put more and more people behind bars for the transfer of weapons across the border into mexico. we recognize it's not enough and that we have to do more. part of that job is to enforce the laws that are on the books
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more effectively. part of it may be to provide additional tools to law enforcement so that we can prevent the shipment of the weapons across the border. but i do want to emphasize, and i emphasized this privately with president calderon, we're very mindful that the battle president calderon is fighting inside of mexico is not just his battle. it's also ours. we have to take responsibility just as he's taking responsibility. and that's true with respect to guns flowing from north to south. it's true about cash flowing north to south. so we've stepped up our monitoring and enforcement of bulk cash transfers across the border that often finance cartels. one thing that president calderon and i have discussed
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is how to strengthen border security on both sides so that drugs flowing north and drugs and cash flowing south, we're able at all these points to intervene, interdict, in a way that doesn't, on the other hand, slow the commerce and trade that is so important between our two countries. it's a challenging task. we have a big border. we have a lot of people going back and forth. it's important economically, but it's something we have to continue to work on. and i want to say to all of the people in the mexican press, i have nothing but admiration for president calderon and his willingness to take this on. the easy thing to do would be for him to ignore the corrosive, corrupting influence of the drug cartels within
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mexico. he's taking the hard path. and he's shown great courage and great risk. and we're supporting him as his goals are our goals as well and it should be the goals of the mexican people. the notion that you would want the drug cartels to be more and more powerful and have greater influence in the political life and cultural life of your country, i think, is something that nobody would want. with respect to arming our agents, president calderon was clear. there are laws in place in mexico that say that our agents should not be armed.
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the relationship that we have, our job is to help with information, to help with equipment, to help with coordination. we're in an advisory capacity. we don't carry out law enforcement activities inside of mexico. what we can do is to make sure there our relationship is strengthened and deepened and becomes more effective over time. and we're refining how we do that in a way that's respectful of mexico's sovereignty and i'm concerned about our agents that are down there. examining all our procedures and protocols in terms of how our agents travel throughout mexico and we'll be working in close contact with mexican law enforcement who i'm sure will have important advice in terms of how we operate in that region. but this cooperation is made -- has made great prorbgs we
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expect it to continue to make more progress in the future. >> speaking in spanish] >> i'd like to thank president obama for this wonderful support. others have made similar efforts before this administration in terms of deterring the flow of weapons to mexico, but we know that it has to do with homeland security and the attorney general are making important efforts and we know that even more weapons traffickers and runners have been caught than ever before. there's a great deal that has to be improved in terms of how to share information, how to trace the weapons, and i also recognize the efforts of knowing the large
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restrictions that president obama and his administration have at a political level. they're making great efforts internally so that through administrative measures, we can broach this matter. one of the things that i suggested during our conversation, and i think we still have to look at this very carefully, is if we can find a means of saling ports of entry along the border. through the use of nonintrusive mechanisms through detection we could surely have the safe and secure border that both nations want, that both peoples want. we all want to have a safe border. i believe it's possible, although it will require a huge technological and financial resources to achieve it, but i think it's a way of ensuring security without affecting the second amendment rights of u.s. citizens and at the same
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time stop the flow of drugs northbound, monies southbound. i would insist upon the legal restrictions that exist in mexico, as in other countries, with respect to the intervention and the bearing of arms by u.s. agents, but on this subject i'll have to speak to members of congress, particularly the senate, to explore different alternatives, and i think we have to look at all alternatives that are enabled to us by the constitution and the law, mechanisms of protection, special mechanisms of protection, clear limitation -- delineation of the areas where we can collaborate, for instance, the crimes themselves, they tell us that they didn't know that they were attacking u.s. agents in their attack. so it's not that that's what
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they wanted to do, but i think at any rate, this is still a very important sign, a warning sign, to all of us, where we have to be -- indicating that we have to be very careful about how we care for all of our agent, not just mexicans, americans, all agents. we have to have a specific polly that's -- policy that's much more dareing in a sense, and i think here not just in terms of weapons, guns, but we have to think in an open manner and seek creative solutions. it seems to me we are experiencing extraordinary circumstances that call for extraordinary actions by our government. now, with respect to the extradition of this criminal, it's something that we hadn't really discussed, i don't know if president obama wanted to discuss this. we still have not finished our meetings yet.
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but although we have to review what the law stipulates in terms of extradition for each case of it. i'm in truth very convinced that these cases have to be brought to trial. there is the political -- full political will that this individual be brought to justice with the full weight of the law, whether that be in the united states or in mexico, if the law allows it in terms of a request for extradition, i'd have to reserve my opinion in this sense because it will depend upon what the law will stipulate in this case. of course there is a political will to cooperate in this manner, as well as on many others. >> i didn't comment on the extradition, as you -- let me just emphasize, we have made a request for extradition. i think beyond that, it's probably not appropriate to comment. okay? >> but we expect the full weight of the law to be
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brought against this perpetrator. thank you very much, everybody. >> [inaudible question] megyn: and there you have it, about 45, 50 minutes joint news conference by the president of mexico, the president of the united states, making a few headlines there. let me just start with the one that's a little off top nick terms of the news conference and that is libya, president obama saying the violence there must stop, that gadhafi has lost the legitimacy to lead and he must leave. that is not actually new, the president made similar comments at the end of february, but he is reiterating them today. on the subject of mexico and the united states, president obama saying there are many areas of cooperation from energy to the solution over a dispute over trucking, that will be of interest to american truckers. mexican trucks have not been allowed in the united states. to the deepening cooperation over the drug cartels. the united states is going to screen all southbound rail cargo and will focus on
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reducing demand for drugs in this country which has been one of mexico's complaints. president obama speaking to his goal of enacting comprehensive immigration reform, and then the two men got on the topic of whether we should be arming ice agents who are helping mexico with its drug war south of the border. it's something we do not do, pursuant to a treaty that was enacted years ago. the mexican president, saying the law does not allow this, but because we're there in a support role, he says, american agents, but he says we have to enhance the level of protection for those agents and we are deeply analyzing alternatives. we don't know what that means but it doesn't sound like like -- sound like our agents are getting to get arms, president obama agreeing, saying our job is to help with equipment and so on in an advisory capacity but saying we are continuing to refine our role and to reexamine the protocols. we're going to have a panel on momentarily to discuss
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among other things is it a good idea. sounds good, right? you want to get the agents arms, make sure they're protected in case they get attacked, on the other hand, will it make them bigger targets if the drug cartels know our guys are armed as opposed to there in an advisory capacity, will we see more incidents, not fewer, like we saw with jaime zapata? we'll examine that moments away. first consider these numbers on mexico drug violence just this year alone, already there are more than 2000 drug war-related tkr*ets -- deaths, that's the first time mexico's combined drug war murders have topped 2000 in the first two-months of any year to date. last month alone, there were 1054 murders in connection to drugs, that averages 37 a day. now there is alarming new evidence mexico's drug violence is severely impacting lives on the american side of the border. some cartels are running american farmers and
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ranchers off of their own property. kris gutierrez picks up their story from the border in starr county, texas. kris. >> reporter: megyn, that's mexico beyond the river to my right, your left. most people don't realize that more than 8200 farms and ranches line the texas-mexico border and those who live and work out here say they're afraid. listen here: >> it is a war. make no mistake about it. it is happening on american soil. >> texas agriculture commissioner todd staples says the same gangs that are blamed for thousands of deaths in mexico are now threatening our nation's food supply. >> farmers and ranchers are being run off their own property by armed terrorists, showing up and telling them they have to leave their land. >> texas farmers and ranchers produce more cotton and more cattle than any other state in the country, and this border region alone, 27 million pounds of cotton and nearly 250 million pounds of beef are produced each year. >> we used to have tractors
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parked right here. >> joe agilar's family once owned 6000 acres of farmland along the border but after a frightening encounter with armed gunmen who were smuggling illegals into the u.s. through his property, he sold it. >> it's really sad to say. you either have to beat them or join them and i decided not to do either. >> reporter: we went up in a helicopter with commissioner staples to see it for ourselves. >> we were only in the air ten minutes before the border patrol requested help agents feared this group, seeing this boat on the mexicoan side of the border was trying to sneak into the u.s. once they knew they were spotted a truck raced in to quickly pick them up. this close call wasn't far from this man's farm. >> i see something, i just drive away. >> fearing retaliation from the drug cartels, he's asked that we not reveal his identity. >> it is a problem. i've just learned to live with it. and pretty much, like i've become numb to it.
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>> reporter: last night commissioner staples actually launched a website, so frustrated and scared farmers can share their stories. he hopes lawmakers in washington actually log on. if you'd like to see that link there's a link on our website. megyn: kris, thank you. let's bring in juan hernandez, secretary for migrant affairs and former adviser to president vicente fox, also mark kerkorian, center for immigration studies. gentlemen, thank you very much for being here. mark, let me start with you. as you hear kris gutierrez's report about what's happening on the border on the united states side and we hear about more and more of our agents who are working south of the border coming under fire or being attacked and then in the case of agent zapata, killed, as he was unarmed, the question has to be asked whether we need to be focused more on that, on protecting our own citizens, than they do on funneling money and other assistance down to help mexico within
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its borders control its drug war. >> well, i mean, you know, i listened to the press conference that the president of the united states and mexico just had, and our president expressed his support for mexico's sovereignty in this matter of the gun laws, because it is mexico's business to make their own gun laws. what i want to know is what about american sovereignty? because neither president calderon nor president obama expressed any concern over america's own sovereignty, so really i think we have our priorities messed up here. we are rightly concerned about helping mexico, and we should be. but mexico needs to respect our concerns and our sovereignty as well, and i'm afraid we're just not seeing that. and the problem here isn't so much the mexican government. we have to defend our own sovereignty and our own interests, and this administration and frankly, the prior administration, just don't seem to be all that concerned with regard
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to those issues. megyn: juan, this is what you hear from a lot of folks, that mexico needs to be less concerned about our sending money and drugs down there than keeping their illegal drug cartel members out of the ups and away from our ranchers and other folks who live along the southern border. what say you? >> well, i will tell you to start w. these two presidents, it's about time that they finally came together. most presidents from mexico, like vicente fox, would come three, four times every year, to meet with the private sector, to try to promote u.s.-mexico business and a better relationship. obama hardly looks south of here. now, he claims to be very interested in what's going on south of the border, but it's not top of mind. we're not going to solve these problems if we don't work together. and especially if we don't work on the economic side. i will tell you that felipe calderon did meet with members of congress, did meet with some in the private sector and that is a good sign. we need to work on the
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economy of both nations. megyn: i think there's general agreement on that but the question is when it comes to securing our southern border we've got our eye on the right ball, mark, and whether we need to be focused more on protecting that border, securing that border, than we do on getting down into mexico and stopping the flow of drugs. >> yeah, i mean, really, there are ways we can help mexico, and we should be doing everything we can to help them. but there's a limit to that. ultimately, we have to protect ourselves. and present the chaos in -- prevent the chaos in mexico from overlapping too much into the united states. apparently, just i think yesterday or the day before, we had the first mexican drug cartel beheading in the united states. now, they beheaded another drug dealer. megyn: he store from the mexican drug cartel, which is never a good idea. >> exactly. think about the worst decision you could ever make in your life, it's to steal from a mexican drug cartel,
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but the fact is this violence is beginning to flow over into the united states, and that, stopping that, has to be our first concern, along with helping mexico protect its own. megyn: what about that juan? this is a political matter. americans -- mexico and america are good friends, they are close allies, but americans have been really fed up with the flow of illegal immigrants into the country across the southern border and the more they hear about american citizens being killed by be it mexican drug cartel members or illegals who have crossed over the border, the less inclined they are to help. how do you solve that problem? politically? >> well, and you're right, it is a political problem. i'm sorry, but president obama does not even notice what's going on south of the border. we have a neighbor, our good neighbor, our friend, who had his house on fire, and we're not getting our hose and helping him put it out. there are problems in
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mexico. obviously. but we have created them together. we can create the solutions together, also. if we work on the economy once again. not just work on all this dramatic stuff about the killings. it willy solve a lot of the problems. the wonderful border towns, for example, brownsville and matamor06789s -- matamoros, those two cities want to work together and create an economic zone, we need cities, washington, help those types of -- >> megyn: but president obama is trying -- he's trying, he just in advance of this meeting requested $10 billion from congress to fund programs that would reduce u.s. drug consumption, which would help americans and help reduce demand for drugs, many of which come from mexico. is that not -- i mean, 10 billion? we can't afford it but he's asking for it. >> oh, i'm sorry. in this nation, we put a war on cigarette smoking and
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it's almost discriminatory for people who smoke, they have to go 2 miles away from any building. if we really wanted to work on drug consumption, we kaorbgs and we need to start a war up here. god bless phil eep calderon, he's risking his own life, the life of his people down there. let's put on a war up here but let's work together and really, the economy, working on the economy of both nations resolves a lot of it megyn: it's interesting to see felipe calderon's approval rating in mexico, 52 percent approve of the job that he is doing. that's down just from 55 percent in november. so it's down a little, not too much. then they say that approval of his efforts to battle the drug traffickers is actually up, it's at 48 percent from 46. so there is some momentum behind him. gentlemen, thank you very much for your insights on it. >> thank you megyn. megyn: all the best. this story continues online, folks,, we have in depth coverage of
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america's so-called third war. you can check out the original section of fox news reporting, fox news has been ahead of the curve on this from the beginning on the growing national security concern along the southern border. i encourage you to go there, there are interesting pieces, reports and pictures on this topic. well, today, we are hearing about a new book in which president obama reportedly takes a shot at the tea party, suggesting the reason they oppose him is because of his race. michael reagan responds to that in three minutes. and this beautiful and talented ballerina was killed by a drunk plastic surgeon who plowed his mercedes into her hyundai. his blood alcohol content was three times the legal limit. and he will spend three years in prison. is that justice? in kelly's court. plus, reaching the peak never felt so good, until this guy behind the camera fell off the mountain! wait until you see how this
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megyn: fox news alert, brand new details coming in on what appears to have been a terror attack against u.s. troops in germany, the prime suspect admitting that he targeted those american forces at the airport in frankfurt, that's the newest development. he was in custody yesterday and now apparently an admission that he was the man and he was targeting u.s. troops. president obama, giving his take on the tea party, his comments appearing in kenneth walsh's book,
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"family of freedom". in it the president says there seems to be a subterranean agenda in the tea party movement, this after a guest at private white house dinner suggested the tea party activists plan to, quote, take back the country was motivated by their interests in stirring up anger and anxiety at having a black president. mike at reagan is the author of the new reagan revolution and chairman of the rickan group. thank you very much for being here. in this group that's being released by kenneth walsh, who is the u.s. news white house reporter, he reports that president obama back in may of 2010, so almost a year ago, was meeting with a bunch of folks and told guests at private white house dinner, quote, this is a quote from the pwaorbgs that race was probably a -- from the book, that race was a expoent in the race for the presidency from conservatives, especially right wing activists in the antiincumbent tea party movement. according to this author
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president obama is saying the tea party opposition to him and conservatives' opposition to him indeed has race as a key component thereof. fair? >> no, not fair at all. this is about policy, not about skin color at all. you know, i have spoken at a lot of tea party events. this wasn't about race. this was about the economy of our country. it's interesting, that same tea party went out there and elected alan west in florida, goes to her man king to speak at so many of their events across this country, many in the tea party probably voted for barack obama back in 2008, not knowing when he went into office he was going to take over general motors, he was going to destroy the economy of the united states of america, and make the government the big brand poopah, if you will, of creating jobs, not the public sector. that's what the anger is about. megyn: there's no question -- i said this last week when i was interview ago panel, there's no question that in the tea party as in
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the democratic party as in the republican party, there are going to be some racists. there are racists in the united states affiliated with all parties. that's just a fact of life in this country, unfortunately. so you can't come out here and say the tea party has no racist elements, that's probably just not true. >> but that's not the end of the line of -- >> megyn: but my question is it's interesting that the president, according to this book, is speaking about them as though this is a key component in the opposition to him from conservatives and the tea party and talking about -- and not disputing someone's suggestion that when tea party say they want to take back america they have anxiety about having a black man in the white house and if that's true and president obama agrees with that, that's extraordinary. >> if when he wakes up in the morning and sees a black woman not the president of the united states, we did elect the wrong person to be united states of the america.
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he is president to all the people and certain groups within the united states of america, to somehow blame them for what's going on in his administration rightly or wrongly is absolutely -- it lowers the president of the united states, and this is the argument i've been making for a few weeks. we lack leadership in the world today and the president of the united states certainly is not leading in the world. especially when he allows himself to be quoted saying things of that nature for wals h's book and saying things of that nature about the tea party in this country. you're right, there are race is all over this country. mig mig right. >> but it's interesting that it was the president of the united states who said no vouchers for young inner city black kids in washington, d.c. now, was that racist? or was that policy? what was it? or what about the 40 percent unemployment rate in the hispanic community in the valleys of california because they've shut off the water to the farmers and now the hispanic community is without jobs? is that racist or is that policy? and i think he needs to understand the difference. megyn: do you think that it's a genuine belief --
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because we've had other top democrats say howard dean made incendiary comments about how the tea party has a big race problem and they grew up in an america where everyone looked like them and so on. do you think these are genuine beliefs held, or is that this is part of the strategy that we had news about several months ago of an attempt to diminish the tea party because they are such an incredible force that came out of nowhere to try to get americans to believe look, you associate with them, you associate with racists, therefore, you, by implication, are a raceis, and then people feel uncomfortable? >> i think it's both. i think it's where they live, i think it's where the left lives, and this is all they could put out. this is all they could spew out to the american public. i write in my book, the new reagan revolution that ron rald reagan didn't make politics personal. the left has always made politics personal. if they want to get back into real leadership they need to get away from that page and republicans need to
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remember that when you make politics personal, it doesn't bode well with the american people, lift up america. barack obama and the left never lifts up america. they blame america as time to -- and it's time to get out of that rut. megyn: michael reagan, thank you for coming on. >> thank you. megyn: all the best, sir. about an hour ago a half dozen republican congressmen walked to a camera on capitol hill and demanded a department of justice investigation into this: >> we impeached clarence thomas. what do we do with him? >> what do we do with him? string him up! >> string him up, eh? >> string him up. congress is right, scalia, roberts, oh, my god! >> megyn: protestors, threatening violence and worse, to justice clarence thomas, justice anthony scalia, chief justice roberts, and more. in three minutes, one of those congressmen joins us live with his concerns. plus, see what happens
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when a mountain daredevil unexpectedly goes off the cliff while he's filming himself! and the drunk doctor gets special treatment in the dwi death of a young ballerina. wait until you hear his reckless behavior before he took her life. that's in kelly's court. >> it was not just a wreck, it was a deliberate act, he knew better, but chose to get in that lethal weapon and kill our darling elena.
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megyn: fox news alert, the wisconsin senate just passed a resolution calling for police to take 14 democrats into custody. the charge would be contempt , after they fled to illinois to avoid voting on a union rights bill in wisconsin. republican senate majority leader scott fitzgerald says the action is legally different from an arrest, but, quote, definitely a shift from asking them politely. the resolution gives the sergeant of arms the authority to take any and all steps with or without force and assistance from police to bring the senators back, although there's still the question of jurisdiction when they're out of the state in illinois. as they all now are believed to be. well, a little more than an hour ago a group of conservative lawmakers held a capitol hill news conference demanding a doj
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investigation into a recent rally by common cause. this bills itself as a nonpartisan group but it has a history of being opposed to right wing groups. that rally produced death threats against supreme court justice clarence thomas, his wife, jenny, as well as justice antonin scalia and others, including chief justice john roberts. here's just a sample of some of the more explosive things said at the rally. >> what do you say we do with clarence thomas after we impeach him? like what? >> i don't know. i'm all about peace. >> what do we do with him? string him up! and his wife, too! jenny. >> string him up, eh? >> string him up. thomas, his wife, scalia,
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roberts. megyn: joining me now, the man spearheading this effort, this push to have the doj investigate these folks, texas congressman rudy gomer, live from capitol hill. thank you very much for being here. >> always good to be with you megyn. megyn: it's a pleasure. let me ask you, why you doing this? aren't these just more ons -- morons? do you think they are going to take advantage of the supreme court? >> after the shooting of gabby giveords, we can't just blow this off. we realize as the left wing groups have been saying we have got to cut down the partisan violent rhetoric and that's exactly what this left wing group is doing, and it is interesting, common cause, they didn't say a word about a leader -- a national leader of the aclu, not one word about the solicitor general sitting in on cases that arose under her boss, the guy that hired
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her, the president. megyn: you're speaking of elena kagan, having been the solicitor general and now on the supreme korbgts and there's a question whether she could recuse herself from the health care ruling, meantime, this group, common cause wants scalia and thomas to recuse themselves from the health care law. >> and they bring a guy like van jones as the nonpartisan person to rally these people and fire them up and get them out there in the street, saying they want to lynch clarence thomas and kill his wife? this kind of thing is outrageous. we not only want the incident looked into to see if it violated the law but you've got a group, common cause, that is very common in their cause of always being left wing and always going after mainstream people and people on the right. it is time that the justice department looked into their nonprofit, not-for-profit status, because clearly, megyn, they were using this
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rally and all of this rhetoric to raise money, donate now, donate now, make a gift now, and talking about all the noise they made going after skao*l skao*l sia and tom -- scalia and thomas and thomas' life of after being a state judge and chief justice, i know about debt threats, but when it starts against your family that's when it gets really serious and that's what they're doing. it's outrageous. megyn: let me ask you, in your letter to the department of justice you said it certainly seems the racial slurs and calls for violence were facilitated by the purported nonpartisan, nonprofit organization, meaning common cause. the truth is they were facilitated by a guy, a videographer who contributed to big who were sort of egging them on. that's fine, he can do what he wants to do and they can respond however they want to respond, i'm not saying it's this guy's fault who egged them on, he didn't force them to say what they said, but how do you pin it on
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common cause as opposed to, you know, the actual individuals who happen to attend the rally? how do you pin it on the group? >> because look at their rhetoric in their letters about how wrong and terrible these -- they ginned this whole emotional play up so when somebody with a camera says what should we do with these people, nobody with a camera has said let's say lynching, the appropriate response is we're going to keep raising this issue and that kind of thing, without resorting to violence. but the problem is the rhetoric of the van jones leadership in common cause has just elevate dollars the violence and the rhetoric. they're part of this. megyn: let me ask you this: i'm short on time. just so our viewers know, we ran an excerpt but these are some of the comments made, so it's not like this guy who was the videographer had only a couple to choose, from one guy said let's put thomas clarence back in the field, he's a dumb f --
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leave it at that, said he needs to be tortured, said string him up, his wife, too, let's get rid of skwr*pie, you heard that. as for justice scalia, string him up. one woman said i don't want to be on camera for saying that, but what does she want to do with clarence thomas, hang him. it was repeated, the comments. >> they sent out e-mails specifically to these people, they sent out the notices to get these specific people out there. they knew what they were getting. they knew who they were going for. megyn: this is the woman who said string them up. do you really think this woman poses a threat to justice thomas? >> do you think that the guy that shot gabby posed a threat to her? apparently they didn't think so before he shot her. megyn: well, good point. >> you never know. megyn: what's going to happen? what do you think the department of justice is going to do? >> hopefully they'll change their ways and quit aiding and abetting this kind of organization and actually take a firm look at it. the fact that we have an
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attorney that turns a blind eye to certain groups that he agrees with, even when they may be violating the law, doesn't mean that we don't keep standing up for what's right, and try to push that the law be followed. we saw what happened in november, when people see that's not happening. megyn: congressman, thank you very much. i want to tell our viewers that common cause has reacted to this by saying it's laughable and they say they have a keep commitment to civil rights and promoting decency and civility. our thanks to the congressman for his coming on. well, if you happen to catch my -- happened to catch my interview with congressman anthony weiner you may have seen sparks fly. it also attracted some attention on late night tv. take a look. >> there's an interesting anger-congressman relationship developing on fox news right now, anchor megyn kelly was interviewing new york congressman anthony weiner this morning, it isn't weiner, it's weiner, not one a great choice, now, these two have been on air
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and they have a little something called chemistry. >> you're throwing something at me so i can't give any response. >> let me respond to your question. okay, you just -- >> you just -- >> okay. you ask a question and i get to answer. >> thank you. >> when you put your commentaries at the end they better be factually correct and in this case they aren't that was not the part i -- >> i thought i covered that. >> i'm not really showing that it's fox's coverage but we'll get to that in another conversation. >> they're definitely hooking up after this though ,o show, it definitely ends in sex. this is unbelievable. >> he has a wife who is a lobbyist and what he said on this tape, his wife -- can i have my turn? >> sure. >> okay. because what he said on that tape -- >> where's my turn?
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where's my turn? what he said on that tape is -- >> it looks like they're doing a comedy, the timing is so bad, it's great. the poor closed captioning guy jumped off the roof! >> [laughter] >> megyn: jimmy, jimmy, jimmy, chemistry with congressman weiner? by the way, it is weiner, not whiner. not only is he a married man, happily i assume and i am a married woman, i know happily but action after the segment? jimmy, my friend! have you seen me lately? have you seen the wide shot? yeah, that's what i'm talking about. 8 1/2 months pregnant, my friend! in any event, if i had that so-called chemistry and hooking up with every guest with whom i've sparred i wouldn't be sitting here, i'd be godess number three at the charlie sheen sober lodge! thanks jimmy! all right, coming up, a skier gets a little too close to the edge, then loses his footings.
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what happened next is all caught on tape and we will bring it to you. and as for the drunk -- after the drunk driver who killed their daughter gets only three years in prison, by by the way t. wasn't his first dwi, could there be a case for more serious charges, murder charges? that's on the docket in kelly's court.
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megyn: kelly's court is back in session, on the docket today, new reaction to the punishment for a drunk driver convicted of killing this talented kupg ballerina look at the aftermath of this horrific crash in north carolina, 20-year-old elena shapiro on her way to help a friend at a house warming party when a mercedes benz driven by a plastic surge kwropblg slammed into her hyundai at 90 miles an hour. look at this. behind the wheel, dr. raymond cook. he had been drinking all day at a country club, then a bar.
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elena's family members, outraged he will serve just three years behind bars. they wanted the maximum sentence and second degree murder charge, but the jury did not convict him of that, instead, a split jury finally compromised and gave a verdict of convict -- of guilty of involuntary manslaughter. >> that was no accident to me, it was not just a wreck, it was a deliberate act by dr. cooke, who knew better but chose to get in that lethal weapon and kill our darling elena. >> it's obvious to me that cook, a narcissist, who is only concerned for himself. >> so does the punishment fit the crime? let's ask our panel, trial attorney lee armstrong and criminal attorney doug burns. thank you for being here. >> sure. mig lee, the jury had to compromise because two jurors would not budge and said we want involuntary manslaughter, the other ten wanted second degree murder, they reached a compromise.
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did those two have a point? >> the premise of the statement is wrong. the jury did not have to compromise. the visceral reaction to any reasonable person looking at this, you have a doctor who years ago had a dui, he drinks all day, gets in his car, goes 90 miles an hour, plows into this woman, she's dead, she's 20 years old, three years, we all know, feels wrong. however, under the law, a jury had one of two things to do, they could have convicted him of second degree murder or of involuntary manslaughter and that's what they gave him. murder would require what's known as malice. this jury, for some reason, did not find malice, and malice, what that means is very important, this is where we need to really spend our time concentrating today, malice means you get into a dangerous weapon, he's drunk, he's staggering, and he really doesn't care, he shows a depraved indifference as to whether or not he's going to take that life. on the surface to me, it sounds like there's malice. granted i wasn't there in the courtroom but it sound like it to me. megyn: what about it, doug, 90 miles an hour in a
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45-mile an hour zone. it's not like he just got hammered, his blood alcohol content was three times the limit and goes double the speed? not that this would matter, it's not like he was going slowly as he tkraoeufd hammered home. >> no question it's a horrific pattern, but i agree with lee you have to separate out emotion and law. emotionally, absolutely, i couldn't agree more, horrific act, horrific consequences, et cetera, but legally was this an accident or murder? i'll take it a step farther than lee, did he get in the car with the intent to kill a human being. i know that's hard for people to process. >> that's not the test. >> the test is not -- look, the way you punish people is you look at their criminal intent, a mensrea, somebody who intentionally kills somebody, the worst punishment for them, but underneath that is an area known as malice, reckless disregard, that's second degree murder. what that is you don't care. i'm -- he doesn't intend to
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kill anybody but you know what, if i go 90 miles an hour and i'm stinking drunk, somebody might die, that is malice. megyn: how is it not that doug? >> the fact of the matter is, a, we respect a verdict of a jury, b, if you want to second agrees the -- guess the jury, yes -- >> megyn: that's what we're doing right now. >> that's perfectly fine. i've been trying case for 25 years, as a prosecutor for nine and the balance on the defense side of the courtroom, i don't criticize jury verdicts. megyn: that's what we're having you on to do so do it! >> i'm here to defend the verdict. megyn: but don't criticize us for having a decision about the verdict, that's what we do in kelly's court! don't get offended. >> that wasn't for you! that was -- >> megyn: go ahead. >> the reality of the fact is that second degree murder requires some form, megyn, of a specific intent, right, to cause the death of a human being. and reasonable minds can differ on whether or not that's present in the case. >> megyn, reasonable minds can -- i'm sorry, i'm going
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to have to linger there for a second -- cannot agree on that point because it does not require a specific intent. that's first degree murder. second degree murder is completely different, i described it before. megyn: what about the fact that apparently the jury was not told that he had a dui conviction earlier, he had been convicted in georgia for doing 110 in a 60 miles an hour zone and then he was charged the same year, charged, in north carolina, with another dui, charges dropped, three years earlier, charged for driving too fast, they didn't hear any of that. >> hadny been told that, chances are, probability is, they may have gotten close, even the two holdouts, because as you said, the will of the two won over the will of the many, ten. chances are they may have found malice. that's an evidentiary situation. it's a dicey one. you have a ten-year-old conviction for dui. how -- >> megyn: and you can't convict him based on that. i'll give you the quick final word. >> as far as the prior, obviously you way the probative value against the
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prejudice, which is huge. i certainly understand why people are upset by this but also don't fault the judge because he gave the sentence that goes with the verdict, megyn. >> he gave the maximum. megyn: i thank you, guys. one word for our viewes, could be manslaughter instead of murder, there had to be no malice and the act had to be considered not naturally dangerous. what a joke. that's not this case. in my view this was murder, not manslaughter. i commend the jury on reaching some verdict here but in my view justice was not done. we'll be right back.
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megyn: fox news alert from wisconsin where we are hearing the police have found live ammunition on the grounds of the capitol building in madison. this has been the scene of massive protests in recent weeks. we are told that they found 41 rounds of 22 caliber
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ammunition during a security sweep that took place this morning. it was scattered at several locations. the capitol grounds are pretty much empty now, the teachers went back to work, they were required to do so and they did, and what remained they said were a lot of so-called professional protestors, folks who had sort of been encouraged by the party to po -- to tow the party line. there were about 100 protestors who remain inside the building. we saw them playing bongos over the past couple of days and now we get this news. more on it as it comes to us. have you seen this? makes my stomach turn. a skier, clearly off the trace, skis right off the cliff, all while filming himself with a camera mounted on his helmet. trace gallagher has more. >> reporter: his name is staphon egger and he and his friend were in the alps between italy and austria and she decided to go skiing, they were going to
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hike up the alp and ski down, so he's got his camera, they get to the top, they're doing celebrating, pointing the camera over the edge saying look what we're going to ski, there's his buddy there, goofing around and he takes a picture of himself, as you saw. that's the area they're supposed to go down. you see him here, he's about to put on his skis and make the trek down, right? so he turns his skis over, he puts them on, and watch what happens next. roll this. megyn: oh, stephon. oh! >> reporter: down the rocks he goes, over and over and over again. he's got that videocamera, mounted on his helmet. it caught the whole thing. and by the way, he's fine. megyn: oh come on. >> reporter: bruised his ego a little bit!
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but totally fine. honest to goodness, not a single bruise. they got up, went back up, apparently skied down. megyn: i can't -- >> they were supposed to go off the other side and he fell over and over again. by the way, look at it, you can see his skis stayed on. megyn: he's airborne twice! >> reporter: that's how tight the sees -- skis are on because they don't want to lose them in the back country, the skis stayed on, took them off, went back up, skied down. that's tenacity. megyn: meantime you have people who catch an edge the wrong way and break their femur! that's incredible he's okay. stephon! don't try that at home. trace, thank you. the push to make sure that fido stays strapped in his car seat, and violators of this new law could end up test
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FOX News March 3, 2011 1:00pm-3:00pm EST

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